Court opinions

The 7th Circuit Court of Appeals on Friday affirmed that Steak n Shake Enterprises Inc. cannot compel several of its franchisees
to engage in nonbinding arbitration regarding claims brought by the franchisees in federal court. Steak n Shake tried to force
arbitration after the restaurants already sued over the requirement all restaurants must adhere to company pricing and promotions.

Because three Latin Kings gang members took plea deals with the government after they were charged with several counts –
including conspiracy to participate in racketeering – that limited their ability to appeal, the 7th Circuit Court of
Appeals threw out their appeals Friday.

A teenager adjudicated as delinquent after it was determined he was in a stolen car was able to convince the Indiana Court
of Appeals to reverse one of his adjudications due to double jeopardy. But, the teen must still pay restitution to the victims
of his crimes.

Although the trial court was not statutorily authorized to retain a man’s cash bond in 2005, the Indiana Court of Appeals
affirmed the denial of his motion to release the bond because he waived his argument.

Because a detective’s testimony that a man on trial for committing rape was also a suspect in another case likely had
a prejudicial impact on the jury finding the man guilty, the Indiana Court of Appeals ordered a new trial.

A trial court did not abuse its discretion by reducing a father’s child support and arrearage to an absolute minimum
level after he requested review of his obligation, the Indiana Court of Appeals affirmed Friday. The man, who is incarcerated,
claimed the court did not consider his income or needs when making the reduction.

A man who joined a competitor immediately after his employment ended at another company did not violate a non-compete agreement,
the Indiana Court of Appeals ruled Thursday. The judges agreed that a 10-day break in employment with the prior employer two
years earlier constituted the beginning of his non-compete agreement, and his new job falls outside that two-year non-compete
restriction.

A panel on the Indiana Court of Appeals Wednesday did not agree with a defendant that his conviction of attempted aggravated
battery should be reversed based on the reasoning of a separate appeals panel that overturned the same conviction of his co-defendant.

The 7th Circuit Court of Appeals found an administrative law judge’s opinion denying a man Social Security disability
benefits reflects a “flawed evaluation of the record of evidence,” so it ordered more proceedings on the matter.

The Indiana Supreme Court has sided with an estate in a dispute over whether the Indiana Medical Malpractice Act's cap on
attorney fees from a Patient Compensation Fund award also applies to reduce the fund’s liability. The issue is one of
first impression in Indiana.

A Shelby County man’s refusal to submit to a chemical test for alcohol intoxication voided his argument that his driving
privileges should be reinstated because the arresting deputy was not qualified to administer the sobriety test.

In a divorce decree complicated by the husband’s ownership and interest in several construction and development companies,
the Indiana Court of Appeals affirmed he must pay his wife more than $4.7 million as an equalization payment, plus any interest
accruing after 90 days.

A man released to probation on a murder conviction but subsequently ordered to serve the remainder of his sentence following
probation violations failed to persuade the Indiana Court of Appeals to reverse denial of his request for parenting time.

A Fort Wayne man’s convictions on multiple cocaine-dealing and felony weapons charges were affirmed Tuesday after the
Indiana Court of Appeals ruled on an issue of first impression, indicating that he was not prejudiced by mail. Lamont Carpenter
asserted the trial court abused its discretion when it admitted mail containing his name and address because it was hearsay.

The Indiana Supreme Court Monday reversed a Tax Court ruling that favored Caterpillar Inc., holding the company could not
deduct foreign-source dividend income when calculating its net operating losses for the years 2000 through 2003 for Indiana
tax purposes.

The Indiana Court of Appeals Monday affirmed the child molesting convictions and 30-year sentence of a man who claimed he
was prejudiced because the trial court declined to admit a drug test from the victim showing she had no marijuana in her system.

The Indiana Court of Appeals Thursday affirmed the 25-year sentence handed down to a man whose erratic driving led police
to pull his vehicle over and discover cocaine on the passenger. The judges found his right to a fast and speedy trial was
not violated and the evidence supports that he jointly possessed the cocaine.

The Indiana Court of Appeals has affirmed grant of Duke Energy Indiana’s request to include the amount spent during
an 80-day delay in construction of the coal gasification plant in Edwardsport in a rate adjustment rider. Several parties
intervened, claiming construction delays attributable to Duke should not be chargeable to ratepayers.

The judgments awarded against the general contractor in the construction of a Portage movie theater are supported by the evidence,
the Indiana Court of Appeals affirmed Wednesday. But, the trial court should not have awarded the contractors who sued attorney
fees under the mechanic’s lien statute.